Latest Cases

Pension – Pension scheme. The wording of the rules governing the Universities Superannuation Scheme (the scheme), consistent with the proper operation of the scheme entitled and required the appellant trustee of the scheme to determine for itself, based on medical opinion as defined, whether a member of the scheme (the respondent) was suffering from a total incapacity or a partial incapacity. That entitled and required the trustee to determine whether he was suffering from any incapacity at all and the trustee was not bound by the conclusion of the respondent's former employer that he suffered from incapacity. The Chancery Division so ruled in allowing the trustee's appeal against a decision by the Pensions Ombudsman, concerning the trustee's refusal to award the respondent ill-health retirement benefits.

Criminal law – Mutual legal assistance. It was lawful for the Secretary of State to authorise mutual legal assistance to a foreign state in support of a criminal investigation which might lead to prosecution for offences which carried the death sentence in that state, without requiring an assurance that the prosecution would not seek the death sentence. Accordingly, the Divisional Court rejected each ground of the claimant's challenge to the defendant Secretary of State's decision and the subsequent transfer of materials, including personal data, to the US authorities concerning accusations of terrorism against her son.

Contempt of court – Committal. The judge had erred in the way she had dealt with the alleged contempts of the third party director, both in making a committal order against the director, and in striking out the claimant company and the director's possession application, and their defence to the defendant's counterclaim. Accordingly, the Court of Appeal, Civil Division, allowed the appeals of the director and the claimant and held that the claim and the counterclaim would be transferred for trial in front of a different judge.

Extradition – Prohibition on torture. The assurances offered in respect of each of the stages of the criminal proceedings which the appellant faced were satisfactory and appropriate in order to address the risk of ill-treatment arising from prison conditions and overcrowding in Romania. Accordingly, the Divisional Court dismissed his appeal against orders for his extradition to Romania to stand trial for attempt to kidnap.

Will – Revocation. In circumstances where only a certified copy of the deceased's will had been found, the presumption in favour of the revocation of the will did not arise on the facts of the case, and there was insufficient evidence to find that the will had been revoked, as the claimant had contended. Accordingly, the Chancery Division ruled that it was appropriate to propound in favour of the certified copy of the will.